In addition to employers’ longstanding obligation to report to OSHA all work-related fatalities within 8 hours, as of January 1, 2015, all employers were required to also begin reporting to OSHA within 24 hours, all work-related in-patient hospitalizations (of just a single employee), amputations and losses of an eye . OSHA is publishing the details about these reported injuries online.
We have written extensively about OSHA’s new reporting rule, including articles that:
Under the new reporting rule, employers have three ways to perfect the notification to OSHA. As has been compliant for year, employers may call the nearest OSHA Area Office or call OSHA’s toll-free reporting hotline – 800-321-OSHA.
OSHA was very excited to introduce the new web portal because of the “success” of OSHA’s other recent experiment with web portal reporting – whistleblower retaliation complaints. A couple of years ago, OSHA introduced a convenient web portal for employees to report retaliation complaints, and the number of complaints filed by employees surged.
OSHA believes injuries and fatalities are being under-reported by employers, so OSHA supposed that could be addressed by this more convenient technology.
An incident, accident, injury or near miss has just occurred in your workplace; what do you do now? After the emergency is addressed, one of the most important steps to take is to conduct an investigation, identify the root causes of the incident, and document your lessons learned and recommendations to prevent a similar incident in the future. However, there may be lots of interested parties who want to get their hands on your investigation report, from OSHA inspectors to plaintiffs’ attorneys, from your competitors to the media, and that report could be used against you in enforcement proceedings, personal injury or wrongful death civil suits, or even criminal investigations and prosecutions. Accordingly, it is critical that incident investigations be thorough, and that investigation reports be prepared carefully and thoughtfully. Likewise, whenever possible, investigations and investigation reports should be done under the protection of the attorney-client privilege.
This webinar provided employers with the knowledge and tools they need to conduct better incident investigations, draft better investigation reports, initiate investigations under attorney-client privilege, and maintain privilege to avoid disclosure of investigation reports to third parties.
Why and how to initiate incident investigations under the protection of attorney-client privilege;
How to conduct an effective incident investigation;
Best practices for incident report writing; and
Steps to take to maintain privilege over incident reports.